DAN'S TRZ VOTE FRAUGHT WITH CONFLICT OF INTEREST

By Juan Montoya
An item on the agenda of Tuesday's Cameron County Commissioners Court may bring the controversy over holdover Pct. 4 county commissioner Dan Sanchez to the fore over a potential conflict-of-interest in his vote.
The meeting will be held at the Dancy Building at 8:45 a.m. Tuesday.
Even though the Texas Attorney General had issued opinions stating that a county judge must replace a county commissioner "as soon as possible" following his announcement that he is seeking a higher office, Cameron County Judge Pete Sepulveda has decided on his own that he will wait until after the March 1 primary results before appointing someone to replace Pct. 4 commissioner Dan Sanchez.
Sanchez publicly announced Nov. 10 in front of a crowd gathered for a Veterans Day celebration he hosted on the steps of the Cameron County Courthouse on Harrison Street.
Sanchez told a newspaper reporter that he was ambivalent on whether he could replace the commissioner with three months left before the primary election.
Sepulveda has expressed ambivalence on whether he has the authority to replace Sanchez.
Sepulveda was reported to have said in a Valley Morning Star article Nov. that:
"One thing Sepulveda is weighing is whether he, as an appointed official himself, should make the nomination.
“Should I appoint someone as an appointed official myself? Or do I wait the 90 days and whoever the public elects, I appoint to the commission?” he said.
Sepulveda chose the latter, despite the AG's opinion that he name the replacement "as soon as possible."
The Texas Election Code reads:
Sec. 87.042. COUNTY COMMISSIONER VACANCY. If a vacancy occurs in the office of county commissioner, the county judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election.
And the pertinent Texas Attorney General's Opinion reads:
Texas Attorney General Opinion
Section 65 of Article XVI of the Constitution of Texas makes it the mandatory duty to fill a vacancy. In a conflict between a state statute and the Texas Constitution, the Constitution prevails. In this instance, the Constitution directs the county judge to fill the vacancy as soon as possible for public policy reasons consistent with not allowing such a candidate to be re-appointed to fill that vacancy.

Already, numerous residents of Precinct 4 have come before the commissioners court to express their dissatisfaction with Sanchez's representation during the time that he has held office. Sanchez had served one four-year term and was just starting his second term this year before the decided to run for county judge following the naming of Carlos Cascos' as Texas Secretary of State by Gov. Greg Abbott.
Upon his resignation, as county judge, the court appointed Sepulveda – then the county administrator – as his replacement until the next general election.
However, during Tuesday's meeting, commissioners, including Sanchez, will consider Item D under the Action Items which provides for the creation of a countywide Transportation Reinvestment Zone (TRZ).

The item placed on the agenda by county administrator David Garcia.
 In a nutshell, using the county taxes generated by property in the county in 2015 as a benchmark, a  percentage (from 10 to 25 percent) of any increment to those taxes in the next 30 to 50 years will go directly to the Cameron County Regional Mobility Authority (CCRMA).
This is where the conflict of interest question arises.
Sepulveda is the Chief Executive Officer of the CCRMA and get his $225,000 salary paid by that body, not the county. Upon passage of the countywide TRZ, Sepulveda's entity will stand to gain economically from the additional income generated by the increment in taxes the CCRMA will receive from the TRZ.
Sanchez has voted for the passage of the countywide TRZ in prior votes even after his public announcement that he was resigning his position to run and has been an advocate of the measure. By allowing Sanchez to remain as commissioner and vote for the measure, Sepulveda is guaranteeing his CCRMA will receive more funds in the future.
There is another twist.
David Garcia, Sepulveda's replacement as county administrator, placed the item on the agenda. Garcia, before commissioners voted to change the arrangement, was receiving a $70,000 stipend from the CCRMA in addition to his $115,000 salary.
If and when a registered voter with the county presses the issue in a district court and the AG's opinion is upheld, Sanchez's participation and votes after his resignation/announcement may be voided.
Until then, this apparent backroom deal between Sepulveda and Sanchez may tie the fiscal hands of future commissioner courts.